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Franchise Law Update

Commentary on Business and Legal Issues of Franchising

Drafting Tips

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Tips for Enforcing that Mediated Franchise Settlement Agreement

By Craig R. Tractenberg on October 30, 2021

Mediation is very effective in resolving disputes. Franchisors are enthusiastic about mediation, especially pre-suit, because it can eliminate the need to disclose settlements to prospective franchisees otherwise required under the…
Continue Reading Tips for Enforcing that Mediated Franchise Settlement Agreement

Posted in Articles, Drafting Tips

FPRs in the Time of COVID-19

By John Gotaskie & Fox Rothschild LLP on August 10, 2020

As if the global pandemic was not enough to cause franchisors and their attorneys heartburn, the North American Securities Administrators Association released a commentary titled “Disclosing Financial Performance Representations …
Continue Reading FPRs in the Time of COVID-19

Posted in Drafting Tips

Are COVID Immunity Laws Good for Franchising?

By John Gotaskie on July 31, 2020

(This post solely reflects the views of the author, and not that of Fox Rothschild or any of its other attorneys.)

While I am not opposed to immunity laws generally,…
Continue Reading Are COVID Immunity Laws Good for Franchising?

Posted in Drafting Tips, Risk Management

Washington v. Washington: State of No-Poach

By Natalma M. McKnew on May 26, 2020

The Department of Justice backed off no-poach challenges in franchise agreements in 2019, but the state doubled down. The result? Washington state challenged a raft of no-poach/no-hire provisions in 225…

Continue Reading Washington v. Washington: State of No-Poach

Posted in Business Updates, Drafting Tips

FDD Item 19 Financial Performance Representations in the Age of COVID-19

By Eleanor Vaida Gerhards on April 14, 2020

With most non-essential businesses closed across the country, it is easy to forget we are two weeks away from the April 30th Franchise Disclosure Document (FDD) update deadline for franchisors…
Continue Reading FDD Item 19 Financial Performance Representations in the Age of COVID-19

Posted in Drafting Tips, Regulatory Compliance

NJFPA Refresher – Community of Interest

By Fox Rothschild LLP on February 18, 2020

As many readers may know, the FTC Rule on Franchising’s definition of franchise contains three basic definitional elements: (1) license of a trademark, (2) payment of a fee, and (3)…
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Posted in Drafting Tips

How Do You Determine Your Franchise System’s Technology Fee?

By Eleanor Vaida Gerhards on August 31, 2019

In my recent experience, most franchise start-ups and emerging systems typically charge a technology fee or, at a minimum, reserve the right to charge a technology fee in the future.   …
Continue Reading How Do You Determine Your Franchise System’s Technology Fee?

Posted in Drafting Tips, Risk Management

No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)

By Natalma M. McKnew on August 15, 2019

In a recent post, I expressed the view that no-poach clauses in franchise agreements are unlikely to violate the antitrust laws. Recent activity, however, has given me a “maybe…
Continue Reading No-Poach and Antitrust, Part Deux (Or, is the risk worth it?)

Posted in Drafting Tips, Risk Management

Online Reviews – Best Practices for Dealing with Yelp from Yelp!

By Eleanor Vaida Gerhards on July 30, 2019

The Pennsylvania Restaurant and Lodging Association provides many benefits to its hospitality industry members.  One of those benefits is access to its interesting and useful webinar series.  This month’s webinar…
Continue Reading Online Reviews – Best Practices for Dealing with Yelp from Yelp!

Posted in Drafting Tips, Food Service, Services

No-Poach Provision: The Latest Cause of Worry to Franchise Systems

By Natalma M. McKnew on July 16, 2019

The recent antitrust attacks on no-poach clauses encourage insomnia among franchise lawyers. But is the attack serious or just a flash in the pan, soon to be extinguished?

The insomnia…
Continue Reading No-Poach Provision: The Latest Cause of Worry to Franchise Systems

Posted in Drafting Tips, Risk Management

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